Tewksbury Child Support Lawyers

Child support plays a crucial role in ensuring that children receive the financial support they need for their well-being. Understanding the laws surrounding child support is essential.

Whether you are a parent seeking child support or looking to modify an existing order, it is important to have a clear understanding of how New Jersey’s child support guidelines work and how the legal system can assist in enforcing or modifying support payments.

Can Child Support Orders Be Modified?

Child support orders in New Jersey can be modified if there is a significant change in circumstances. To request a modification, a parent must show that a material change in circumstances has occurred since the last order. This could include changes in either parent’s income, changes in the child’s needs (such as new medical or educational expenses), or a change in custody arrangements. To modify a child support order, a parent must file a motion for modification with the family court.

What Happens if a Parent Fails to Pay Child Support?

Non-payment of child support is a serious issue in New Jersey, and there are several enforcement mechanisms in place to ensure that payments are made. One of the most common methods of enforcement is income withholding, where child support payments are automatically deducted from the non-paying parent’s wages. Other enforcement actions include, but are not limited to, contempt proceedings, which can result in fines or even jail time for the non-paying parent. In some cases, the court may suspend the parent’s driver’s license or professional license until they meet their child support obligations. The court may also intercept state or federal tax refunds to cover overdue child support payments.

Does Remarriage Affect Child Support Obligations?

A parent’s remarriage does not automatically affect their child support obligations in New Jersey. Child support is based upon the incomes of the biological or legal parents and the child’s needs, not the income of a new spouse. However, if remarriage results in a significant change in the parent’s financial situation, such as an increase in household income, it may be a factor considered when seeking a modification of the child support order.

Can Child Support Be Enforced if the Paying Parent Moves Out of State?

Yes, child support orders remain enforceable even if the paying parent moves out of state. New Jersey, like all other states, adheres to the Uniform Interstate Family Support Act (UIFSA), which allows for cooperation between states to enforce child support orders across state lines. This means that New Jersey can request assistance from another state to enforce its child support orders, ensuring that parents cannot avoid their responsibilities by relocating to another state.

How Does Shared Custody Impact Child Support?

Shared physical custody can affect child support in New Jersey. When parents share custody of the child, the court may adjust the amount of child support to reflect the time spent with each parent. However, if there is a significant income disparity between the parents, the higher-earning parent may still be required to pay child support to ensure that the child’s needs are met in both households. The goal is to provide the child with a consistent standard of living, regardless of which parent they are staying with at any given time.

Can Parents Agree on a Child Support Amount Without Court Intervention?

Parents in New Jersey can agree on a child support amount, but the agreement must be approved by the court to be legally enforceable. The court will review the agreement to ensure it is in the child’s best interests and complies with state guidelines. Without court approval, enforcing the agreement can be difficult if disputes arise later. It is always advisable to formalize any child support agreement through the court system to prevent future complications.